[Challenger]

Originally Posted by Steve9930

Technically Yes. But I would think that it would be a hard sell to prove it was your Religious Right. There is also intent when these are adjudicated. A 30 foot symbol sounds more like you want to upset some one. With a 30 foot symbol you might argue a safety problem. Even though you have the right to express your religion, you do not have the right to endanger some one in the process. So when you talk about a six inch cross or 30 foot cross, there is a difference. Its just like the TV antenna. You have a right to the TV antenna on your roof. But it has to conform to safety and engineering standards.

Can you cite any case law on point?

[MarkinMd]

I could be mistaken but after reading post #53 and reading the link it seems like the decision being quoted as a Supreme Court case is a California state Supreme court case.

[ColdNoMore]

Originally Posted by kstew43

I understood that the colorful puff balls that are used to bath, when hung on your car antenna represents you are a swinger.... plus wearing a certain color shoes out to bars at night...?

thats what I heard anyway....

I heard it was putting white crosses in your yard.

[Steve9930]

Originally Posted by Challenger

Can you cite any case law on point?

Here is the discussion on the TV OTA Antennas and how that trumps HOA Restrictions.

FCC Satellite and Antenna Regulations-the OTARD Rule


While the article refers to another discussion on a different topic it shows how HOAs cannot make restrictions that violate law by applying an undue burden.

I read a point some one made earlier about when you buy you enter into a contract. You cannot legally enter a contract between parties if that contact would violate an existing law.

There are plenty of places on the internet where you can research this problem.

[Steve9930]

Originally Posted by Challenger

Can you cite any case law on point?

Here is a bit more information.

religion

Believe me no HOA would want to make a move to remove these crosses.

[Mleeja]

Originally Posted by Steve9930

Here is a bit more information.

religion

Believe me no HOA would want to make a move to remove these crosses.

Is the responder a licensed attorney? I read the attachment and the discussion appears to be referring to holiday periods. Nothing in these discussions made reference to permanent displays.

[Steve9930]

Originally Posted by Mleeja

Is the responder a licensed attorney? I read the attachment and the discussion appears to be referring to holiday periods. Nothing in these discussions made reference to permanent displays.

If you read all the articles you will see there is a difference between a secular and religious item. While secular items have to do with a holiday season may be regulated by the HOA Restrictions the cross would be considered a religious symbol. No one in there right mind would want to see this brought into a court.

[TheDude]

sorry, if small white crosses offend anyone than they need to move the hell out of the villages. What's next on the hit list, the honorary benches that villagers pay for with dedications to their loved ones? Hey, the American flag is flying at Eisenhower. I dare someone to go tomorrow at 10am and try to take it down (it is a challenge, go for it). Get some skin people.

shame on everyone who is against this. Even if it is trying to get someone to convert, man, if your faith isn't strong enough, then maybe you need to question what you believe. My faith is solid and I once asked a priest in another faith about it, and should I go his way, and he told me 'no', do the right thing, go your path.

I hope the villages has 10,000 white crosses, who cares, who is offended, only those not strong.

Bah

And no, I didn't read 9 pages of BS

[Steve9930]

Originally Posted by TheDude

sorry, if small white crosses offend anyone than they need to move the hell out of the villages. What's next on the hit list, the honorary benches that villagers pay for with dedications to their loved ones? Hey, the American flag is flying at Eisenhower. I dare someone to go tomorrow at 10am and try to take it down (it is a challenge, go for it). Get some skin people.

shame on everyone who is against this. Even if it is trying to get someone to convert, man, if your faith isn't strong enough, then maybe you need to question what you believe. My faith is solid and I once asked a priest in another faith about it, and should I go his way, and he told me 'no', do the right thing, go your path.

I hope the villages has 10,000 white crosses, who cares, who is offended, only those not strong.

Bah

And no, I didn't read 9 pages of BS

LMAO.......I like the common sense approach....Go for it and if you need help with the person trying to take down the flag give me a call.

[Nucky]

Leave the Crosses. Take the Cannolis.

I'm almost certain the flag is safe. Kalen Koppernickk is busy somewhere else. I hope that was PC.

[Challenger]

Originally Posted by Steve9930

Here is the discussion on the TV OTA Antennas and how that trumps HOA Restrictions.

FCC Satellite and Antenna Regulations-the OTARD Rule


While the article refers to another discussion on a different topic it shows how HOAs cannot make restrictions that violate law by applying an undue burden.

I read a point some one made earlier about when you buy you enter into a contract. You cannot legally enter a contract between parties if that contact would violate an existing law.

There are plenty of places on the internet where you can research this problem.

So you believe that a property owner in a deed restricted area could erect a small (or even large ) sign with a religious message in their yard? -Seems to logically follow your premise.

[Barefoot]

Originally Posted by Challenger;136***4

So you believe that a property owner in a deed restricted area could erect a small (or even large ) sign with a religious message in their yard? -Seems to logically follow your premise.

That's a very interesting question. If Steve's premise is correct, when does it become a problem?

[Bogie Shooter]

Originally Posted by Barefoot

That's a very interesting question. If Steve's premise is correct, when does it become a problem?

Its a problem right now.

[Mikeod]

Maybe I'm missing something, but I think the restriction applies to the front of the house only, and only to those things that are not under the eaves. At least that's my understanding of the rules in my CDD. So, what's wrong with moving the crosses under the eaves or into the back landscaping? Keeps it within the deed restrictions and keeps the display.

[Steve9930]

Originally Posted by Challenger;136***4

So you believe that a property owner in a deed restricted area could erect a small (or even large ) sign with a religious message in their yard? -Seems to logically follow your premise.

The answer is no. There is a difference between a sign and a religious symbol. Now another tit bit. The HOA would still have some say on the crosses. They could limit the size and where its displayed outside. As long as the HOA request is not is not over burden some. They could say they are allowed on the front door, or they are limited to 6 inches.